3 FAM 1700
SEXUAL ASSAULTS
3 FAM 1710
SEXUAL ASSAULTS INVOLVING CHIEF OF MISSION PERSONNEL AND
FACILITIES oUTSIDE THE UNITED STATES
(CT:PER-850; 06-20-2017)
(Office of Origin: HR/ER)
3 FAM 1711 GENERAL PROVISIONS
3 FAM 1711.1 Introduction
(CT:PER-846; 06-06-2017)
a. Sexual assault has a traumatizing impact on
individuals who are assaulted and a corrosive effect on the workplace. The
Department of State is determined to do all it can to prevent sexual assault
from being committed by, or against, its personnel. If such an act should
occur, the Department will support those who have been assaulted and take
whatever action it can to bring the perpetrators to justice. The Department of
State is committed to effectively and sensitively responding to foreign affairs
community members who have been sexually assaulted, ensuring that they are treated
with care and respect. The policies and procedures in this FAM section define
the Departments goal of effectively preventing and addressing sexual assault
and the actions it will take in response to allegations of sexual assault.
Please note: The language used in the FAM, by necessity, must be technical,
comport with and relate to relevant laws, and be administratively sound. That
said, the legal terminology, including the term victim, contained herein should
not eclipse the compassion and urgency that underlie the Departments
commitment to this issue.
b. Anyone who has been sexually assaulted is advised
to, if possible, given the circumstances:
(1) Go to a safe place away from the perpetrator.
(2) Reach out for help from a healthcare provider:
(a) Emergency medical services are available at post from
the Health Units. Health Unit duty personnel may be contacted 24 hours a day,
seven days a week.
(b) If an employee or member of the Department community
who has been sexually assaulted does not want to contact the Health Unit at
post, he or she may also report the incident directly to the Washington
DC-based Bureau of Medical Services (MED) Duty Officer at 202-262-9013, or
through the Operations Center at 202-647-1512, 24 hours a day, seven days a
week. Victims may also contact Employee Consultation Services (ECS) by email:
MEDECS@state.gov or by phone at 703-812-2257.
(3) Reach out for help from law enforcement:
Regional Security Officers (RSOs) are the law
enforcement first responders at post. If a victim overseas wants to report a
sexual assault to law enforcement authorities, but prefers not to report it at
post, he or she can contact Diplomatic Securitys Office of Special
Investigations (DS/DO/OSI), via telephone at 571-345-3146 or via email at
DS-OSIDutyAgent@state.gov. The DS/DO/OSI duty agents are available 24 hours a
day, seven days a week and can investigate an allegation independent of post
management. OSI can also provide information about the Victims Resource
Advocacy Program (3 FAM 1715.5).
(4) Preserve all evidence of the assault:
(a) Refrain from washing hands, bathing, brushing teeth,
eating, laundering clothes or smoking until contact can be made with medical or
law enforcement first responders.
(b) If still at the location of the assault, refrain from
cleaning or straightening up or removing anything from the surroundings.
3 FAM 1711.2 Definitions
(CT:PER-846; 06-06-2017)
Sexual Assault: Any type of
sexual contact that occurs without the explicit consent of the recipient.
Sexual Contact: The
intentional touching, or the forcing of another to touch, either directly or
through the clothing, the genitalia, anus, groin, breast, inner thigh, or
buttocks of any person.
Sexual Harassment: Harassment
is a broad term that refers to unwelcome behavior tied to Equal Employment
Opportunity (EEO) categories. Sexual harassment is harassment based on sex
(gender) or that is sexual in nature. Sexual assault is a form of sexual
harassment. See, e.g., 3 FAM 1525.1.
Pursuant to 3
FAM 1525, the Office of Civil Rights (S/OCR) is designated as the primary
Department entity to address allegations of sexual harassment. S/OCR refers
allegations of sexual assault and other possible crimes to DS/DO/OSI.
Sexual Assault Evidence Collection Kit
(SAEC Kit): A
commercially produced Kit, chosen with the approval of DS/DO/OSI and MED,
which allows a medical provider to document and collect evidence of an alleged
sexual assault. The SAEC Kit includes tools and equipment to allow for the
collection of trace and biological evidence as well as paperwork for
documenting physical findings during a sexual assault examination. See also 3 FAM 1714.3.
3 FAM 1711.3 Applicability
(CT:PER-846; 06-06-2017)
a. This policy applies to all of the following
categories:
(1) All Department employees;
(2) Persons under personal-service contracts (PSCs) or
personal-service agreements (PSAs);
(3) All other persons under Chief of Mission (COM)
authority abroad and accompanying eligible family members;
(4) A sexual assault on any person that occurs on
premises of U.S. diplomatic, consular, or other U.S. government missions or
entities in foreign countries, including buildings, parts of buildings, and
land appurtenant thereto or used for the purposes of those missions/entities,
irrespective of ownership; or a sexual assault on any person that occurs in
residences in foreign countries and the land appurtenant thereto, irrespective
of ownership, used for the purposes of those missions/entities or used by U.S.
personnel assigned to those missions/entities.
b. Allegations involving host nation residents/nationals
or locally employed staff will be investigated by the Department in
consultation with the Department of Justice (DOJ) while considering the
capability and laws of local authorities and the nature of the sexual assault
allegation.
Procedures for handling allegations of sexual assault may be
different at the Department of Defense/combatant command and various
international organizations than those at the Department of State. Personnel
detailed to an international organization or a combatant command who have been
the victim of a sexual assault may reach out to MED for medical guidance and to
DS/DO/OSI for law enforcement guidance.
This section does not apply to sexual assaults where the victim
was younger than 18 years old at the time of the assault. The Department
policy for investigating sexual assaults involving such victims can be found
within the Family Advocacy Program (3 FAM 1810).
Other types of domestic violence are covered in 3 FAM 1815.
3 FAM 1711.4 Policy
(CT:PER-850; 06-20-2017)
a. The Department of State is committed to protecting
all those under COM authority and their eligible family members from sexual
assault, fostering a workplace free of the threat of sexual assault, and
holding those who commit sexual assault accountable for their actions.
b. The Department will offer emergency medical care to
any victim covered by this policy. Following the initial emergency phase, the
Department will coordinate ongoing care for any victim eligible for Department
medical services. This may include medical care, psychological support, and
other services provided by a multi-disciplinary team of professionals including
social workers, mental health professionals, victims advocacy staff, and
medical professionals, if such services are deemed needed and appropriate by
MED and the victim.
c. When investigating sexual assaults, the Department
will prioritize the safety and dignity of the victim. The Department will
sensitively and fully investigate any reported allegation of sexual assault
covered by 3
FAM 1711.3. The Department will investigate sexual assault allegations in
collaboration with the victim, victim advocates, prosecutors, medical professionals,
and others as appropriate. During the investigative process, a DS victim
advocate from the Department will assist the individual who has been assaulted,
if the individual so wishes. See 3 FAM 1715.5.
d. Retaliation, harassment, or discrimination of any
kind against anyone covered by this policy who report incidents of sexual
assault or participate in a sexual assault investigation is expressly
prohibited. See, e.g., 3 FAM 1525
(prohibiting retaliation for reporting sexual harassment) and 3 FAH-1 H-1510
(Procedures for Processing Complaints of Discrimination). Certain Department
employees including supervisors and other responsible Department Officials are
mandated to report sexual harassment to S/OCR in accordance with 3 FAM 1525.
e. An employee who is alleged to have committed sexual
assault may be subject to, among other things, removal from the premises and/or
curtailment from post. The Departments decision to take any such action will
depend, as appropriate, on the nature and severity of the allegations,
investigatory assessments, and the best interests of post, the Foreign Service,
and/or the Department. 3 FAM 2440
addresses the policy on curtailments.
f. In addition to any potential criminal penalty, any
employee found to have committed sexual assault may be subject to
administrative action, which may include disciplinary action up to and
including separation or removal from the persons position and/or employment
with the Department.
3 FAM 1711.5 Authority
(CT:PER-846; 06-06-2017)
This policy is issued under the following statutory
authorities:
(1) 5 U.S.C. 301 (authorizing heads of departments to
prescribe regulations)
(2) 22 U.S.C. 2709 (providing general authority to
special agents)
(3) 22 U.S.C. 3926 (authorizing the Secretary to prescribe
regulations to carry out functions under the Foreign Service Act)
(4) 22 U.S.C. 3927 (setting forth Chief of Mission
authority)
(5) 22 U.S.C. 3929 (requiring reporting to the Office
of the Inspector General)
(6) 22 U.S.C. 4802 (giving the Secretary certain
security responsibilities for certain U.S. Government personnel abroad and
their accompanying dependents)
(7) 22 U.S.C. 4084 (authorizing a health care program)
3 FAM 1712 RESPONSIBILITIES
3 FAM 1712.1 General
(CT:PER-846; 06-06-2017)
The Department employs a multi-disciplinary team approach
aimed at addressing sexual assault by or against its employees and, if such an
act should occur, supporting those who have been assaulted and bringing the
perpetrators to justice. Multi-disciplinary in this context refers to the
range of Offices and Bureaus that have a role to play both at Department
headquarters including the Bureau of Medical Services (MED); Bureau of
Diplomatic Security (DS); Bureau of Human Resources (HR); and the Office of
Civil Rights (S/OCR); and at post typically including the Chief of Mission
(COM), Regional Security Officer (RSO), and the Foreign Service Medical
Specialist (FSMS).
3 FAM 1712.2 Within Headquarters
3 FAM 1712.2-1 Bureau of
Diplomatic Security (DS)
(CT:PER-846; 06-06-2017)
a. DS Office of Special Investigations (DS/DO/OSI)
DS/DO/OSI is the sole entity within DS that is authorized to conduct sexual
assault investigations as stated in 1 FAM
262.4-5(2)(b) and can be reached at email: DS-OSIDutyAgent@state.gov or via
phone through the DS Command Center (DSCC) at 571-345-3146.
(1) DS/DO/OSI ensures that a special agent is assigned
and available as a duty agent 24 hours per day, seven days per week to receive
sexual assault allegations from RSO, DS Command Center, victims, medical
providers, and others, and to begin investigations of the reported assault.
(2) Upon notification of an allegation of sexual
assault, DS/DO/OSI will:
(a) Provide immediate guidance and support to the
relevant RSO or victim;
(b) Begin an investigation into the facts and
circumstances surrounding the allegation, gather evidence, and provide
instructions to the RSO;
(c) Provide the victim with access to a victim advocate
through DS Victim Resource Advocacy Program (3 FAM 1715.5);
and
(d) Confer with the DOJ (including the relevant U.S.
Attorneys Office) and other federal law enforcement agencies as appropriate.
(3) In addition, DS/DO/OSI will provide training on how
to respond to sexual assault allegations by:
(a) Instructing DS agents on how to initially respond to
allegations of sexual assault via the Basic Regional Security Officer course,
the Regional Security Officer In-Service course, and other means as determined
by the DS/DO/OSI Office Director; and
(b) Providing SAEC Kit familiarization training and
briefings on DS procedures in responding to sexual assaults to FSMS as
requested by the MED.
b. DS Training Directorate (DS/T) DS/T will procure
and maintain an adequate supply of the designated SAEC Kits, selected by
DS/DO/OSI and MED. DS/T will dispatch the SAEC Kits to posts at the request of
DS/DO/OSI, MED, RSO, or a Health Unit via unclassified Diplomatic Pouch.
c. DS Command Center (DS/TIA/DSCC) DSCC is available
24 hours a day, seven days per week to put RSO, FSMS, victims of sexual
assault, and others in direct contact with the DS/DO/OSI Duty Agent. DSCC can
be contacted at 571-345-3146.
3 FAM 1712.2-2 Bureau of Human
Resources (DGHR)
(CT:PER-846; 06-06-2017)
a. HR Office of Employee Relations (HR/ER) Regardless
of any criminal investigation, sexual assault is actionable employee misconduct.
HRs Office of Employee Relations Conduct, Suitability, and Discipline
(HR/ER/CSD) division, which administers the Departments discipline program,
will review reports of sexual assault submitted through reports of
investigation from DS, law enforcement authorities, or others for assessment of
appropriate disciplinary action. Employees who commit sexual assault may be
subject to disciplinary penalties up to and including suspension or removal.
b. HR Office of Career Development and Assignments
(HR/CDA) If an employee requests a voluntary curtailment or a COM requests an
involuntary curtailment of an employee, the employees Career Development
Officer (CDO) in HRs Office of Career Development and Assignments (HR/CDA)
will manage the process. See 3 FAM 2443.1.
The CDO will bring the curtailment request to the Assignments Panel after
consultation with all concerned offices and, should the curtailment be
approved, will assist the employee in obtaining a follow-on assignment.
3 FAM 1712.2-3 Bureau of Medical
Services (MED)
(CT:PER-846; 06-06-2017)
MED is responsible for:
a. Providing guidance and training to FSMS on the
proper procedures to follow when a Health Unit is notified of an allegation of
sexual assault;
b. Maintaining and updating procedures to handle, ship,
and store completed SAEC Kits in the event the employee declines to notify DS
of the sexual assault but consents to the administration of a SAEC Kit;
c. Maintaining and updating procedures and guidelines
for a victim to contact MED.
d. Maintaining and updating MED policy concerning
signed written consent for the transfer of the SAEC Kit and other biological
specimens to DS for the sexual assault investigation. These policies are
located in the following MED standard operating procedures (SOP):
(1) 3010.0 Overseas Suspected Sexual Assault SOP
(2) 3010.2 SAEC Kit Instructions
(3) 3010.3 SAEC Kit Authorization for Collection and
Release of Information
(4) 3010.4 SAEC Kit Medical History and Assault
Information
(5) 3010.5 SAEC Kit Anatomical Drawings
(6) 3010.6 SAEC Kit SOP
(7) 3010.7 SAEC Kit and Medical Record Storage
3 FAM 1712.2-4 Office of Civil
Rights (S/OCR)
(CT:PER-846; 06-06-2017)
a. S/OCR leads global training on the prevention of
workplace harassment. S/OCR has the responsibility for investigating or
overseeing investigations of alleged sexual harassment, which may include
sexual assault. S/OCR serves as a neutral, independent fact-finder. When someone
reports an allegation of sexual harassment to S/OCR, S/OCR will:
(1) Review the allegations to determine whether the
allegations fall under the purview of 3 FAM 1525. If
the allegations rise to the level of a sexual assault, S/OCR will refer the
allegations to DS/DO/OSI.
(2) If the allegation falls under the purview of 3 FAM 1525,
assign an S/OCR Attorney-Adviser to lead and/or oversee an investigation into
the allegations;
(3) Conduct a prompt, thorough, and impartial
investigation; and
(4) If appropriate, forward the investigative report to
HR/ER/CSD to review and determine whether any Department policies have been
violated and to take appropriate administrative action.
3 FAM 1712.3 At Post
3 FAM 1712.3-1 Foreign Service
Medical Specialist (FSMS)
(CT:PER-846; 06-06-2017)
a. The FSMS may be the Regional Medical Officer (RMO),
Regional Medical Officer Psychiatrist (RMO/P) or a Medical Provider (MP). The
FSMSs handling of sexual assault allegations are controlled by policies
outlined in 3
FAM 1714 and standard operating procedures maintained by MED. When a FSMS
learns of an allegation of sexual assault, the FSMS will:
(1) Offer the victim options for assessment and
treatment, including medical evacuation, for any injuries or illnesses in
accordance with the procedures outlined in MED standard operating procedures;
(2) Ensure the victim is aware of the procedure to
notify the RSO or DS, should they desire to do so per the reporting guidelines
in 3 FAM
1713.1-1;
(3) Ensure the victim is aware of the option to pursue
a DS investigation of the incident;
(4) Ensure the victim is aware of the availability of
evidence collection via the administration of a SAEC Kit examination, if
prompt, appropriate collection can be arranged. Post should have a minimum of
three SAEC Kits on hand at any given time;
(5) Administer the SAEC Kit if requested by the victim
and feasible by the FSMS. Only U.S. citizen medical employees should administer
the complete SAEC Kits. If post does not have a US direct hire FSMS present,
post should contact the Regional Medical Manager or MED in Washington, DC and
DS/DS/OSI for further guidance;
(6) Ensure the proper disposition of the SAEC Kit in
accordance with MED and DS SOPs; and
(7) Provide the victim with a referral to a RMO/P or Employee
Consultation Services (ECS) as appropriate. ECS can be reached by email at
MEDECS@state.gov or via phone 703-812-2257.
3 FAM 1712.3-2 Regional Security
Officer (RSO)
(CT:PER-846; 06-06-2017)
a. The RSO is the federal law enforcement officer charged
with ensuring the safety and security of those under COM authority and their
eligible family members, and of COM facilities, and has the authority to
conduct investigations of federal offenses involving U.S. government personnel
and facilities. In situations involving allegations of sexual assault, the RSO
will:
(1) Immediately take any necessary steps to prevent any
further harm to the victim;
(2) Provide support for the victim including referring
the victim to the Health Unit;
(3) Notify the COM/Principal Officer/Charg, the
responsible FSMS, and DS/DO/OSI, except as otherwise provided in 3 FAM 1713;
(4) Ensure that the victim has been made aware of the
availability, purpose, and use of the SAEC Kit;
(5) Take initial steps to locate and protect evidence
in consultation with DS/DO/OSI; and
(6) Coordinate additional investigative activities
based upon instructions from DS/DO/OSI.
b. The RSO should include posts Sexual Assault policy
required by 3
FAM 1712.3-3(a)(2) in the security briefing required per 12 FAM 424.1
for newly assigned personnel, eligible family members, and TDY personnel.
3 FAM 1712.3-3 Chief of Mission
(COM) or Principal Officer (PO)
(CT:PER-846; 06-06-2017)
a. The Chief of Mission (COM) or Principal Officer (PO)
at each post is responsible for:
(1) Ensuring that procedures established by these
policies are followed. Given the difficulty of these issues, DS/DO/OSI, DGHR,
and HR/ER can be consulted at any time.
(2) Ensuring post publishes a management notice that
outlines how the post will respond to reported sexual assault. That notice
should include information on how victims or other community members can report
an allegation of sexual assault at post; what resources (such as medical,
counseling, law enforcement) are available at post to victims of sexual
assault; address any training made available at post; and reference this FAM
section for additional information.
(3) Respecting the specialized reporting requirements
for the Foreign Service Medical Specialist (FSMS) and the Regional Security
Officer (RSO) as outlined in this FAM and supporting privacy obligations of the
FSMS and the investigative responsibilities of the RSO.
(4) Ensuring that a sexual assault victim is treated
with the utmost dignity and respect; making certain that no one at post
attempts to compel a victim to provide information or give a statement; and
making clear that retaliatory actions against anyone covered by this policy,
who report a sexual assault or participate in a sexual assault investigation are
prohibited.
(5) If the COM determines that it would be in the best
interests of the post for the assignment of the alleged perpetrator of a sexual
assault to be curtailed, the COM may make a request to DGHR for the involuntary
curtailment of the employee in accordance with the procedures in 3 FAM 2443.2.
As an exceptional measure, the COM may direct an immediate involuntary
curtailment under the procedures in 3 FAM 2443.3.
Prior to any curtailment action, the COM should consult with DS/DO/OSI and
HR/ER. DS/DO/OSI, HR/ER, and DGHR are available for consultations at any point
in the curtailment process.
(6) Following a reported sexual assault, post may wish
to update or re-issue policies or operations. Post may consult with L,
DS/DO/OSI, HR/ER, and/or DGHR to discuss whether modifications are necessary.
3 FAM 1713 GENERAL REPORTING
PROCEDURES IN CASES OF SEXUAL ASSAULT
3 FAM 1713.1 Sexual Assault
Reporting Guidelines
(CT:PER-846; 06-06-2017)
a. The Department strongly encourages anyone aware of a
sexual assault that falls under 3 FAM 1710 to
immediately report allegations of sexual assault to:
RSO; or
DS/DO/OSI via email DS-OSIDutyAgent@state.gov or via phone
through the DS Command Center at 571-345-3146; or
S/OCR or via phone at 202-647-9295; or
The COM.
b. If the alleged perpetrator has a position of
authority at post (COM, Deputy Chief of Mission, RSO, FSMS, etc.) or is an
eligible family member of someone in that position, that person in a position
of authority must be excluded from any reporting chain and the report should
instead be made to a more senior official at post or by contacting a
headquarters-based office such as DS/DO/OSI.
c. An individual may report a sexual assault at any
time, regardless of the amount of time that has elapsed since the assault
occurred.
d. Except as required by law, non-MED personnel will
only disclose information about sexual assaults to other Department officers
and employees on a need-to-know basis, including to the Office of Inspector
General (OIG) in accordance with 22 U.S.C. 3929, and to other Federal and local
agencies, in accordance with the Privacy Act. Disclosures by MED personnel are
discussed in 3
FAM 1713.1-1(e).
3 FAM 1713.1-1 Foreign Service
Medical Specialist Reporting Guidelines
(CT:PER-846; 06-06-2017)
a. All healthcare related decisions will be made
independent of a victims choice to report, or not report, the incident to RSO,
DS/DO/OSI, or any other person or entity.
b. FSMS should ensure that anyone who has been subject
to sexual assault is aware of the option to report the incident to DS via the
RSO or DS/DO/OSI.
c. If a victim declines to report the incident to DS,
the FSMS should ensure the victim is aware of the option of the administration
of a SAEC Kit. The administration of the SAEC Kit allows for the preservation
of evidence in the event the victim later decides to notify DS and pursue an
investigation of the sexual assault.
d. In the event that FSMS personnel become aware of
multiple potentially related sexual assaults where victims have declined
pursuing a case, the FSMS personnel should advise victims that there is/are
similar case(s) and offer assistance if the victim then wish to report the
assault to RSO or DS/DO/OSI.
e. MED personnel will not share protected health
information except in accordance with the Notice of Privacy Practices, or with
the written consent of the patient. Individuals may obtain a copy of the MED
Notice of Privacy Practices from the Health Unit or online.
3 FAM 1713.1-2 DS Law
Enforcement Personnel Reporting Requirements
(CT:PER-846; 06-06-2017)
a. DS special agents at post are required to report
allegations of sexual assault to the RSO, and the RSO must report the
allegation of sexual assault to DS/DO/OSI and the Chief of Mission.
b. In cases where the alleged perpetrator of the
assault is the COM, Deputy Chief of Mission, RSO, FSMS, or an eligible family
member of one of these positions, the allegation shall be reported directly to
DS/DO/OSI.
c. In cases where the victim is a DS special agent,
the victim has the same rights and can follow the same procedure as other
victims (including deciding not to report the assault).
d. When reporting a sexual assault allegation, DS law
enforcement personnel should be prepared to provide the following information:
(1) The basic facts surrounding the allegation;
(2) The condition of the victim and if the victim has
consulted with, or been treated by, any medical professionals;
(3) Biographical data of all involved individuals; and
(4) Any additional information known at the time of the
report.
e. Once the allegation is reported to DS/DO/OSI, DS law
enforcement personnel at post should not conduct any further investigative
activity unless explicitly directed by DS/DO/OSI.
3 FAM 1713.1-3 S/OCR
(CT:PER-846; 06-06-2017)
See 3 FAM 1712.2-4
for details on S/OCR reporting.
3 FAM 1714 GENERAL PROCEDURES FOR
DEPARTMENT MEDICAL PERSONNEL RELATED TO SEXUAL ASSAULT
3 FAM 1714.1 Victims Not Covered
under the Departments Medical Program
(CT:PER-850; 06-20-2017)
If a sexual assault covered by the Applicability section
in 3 FAM
1711.3 is reported but the victim is not a participant in the Departments
Medical Program, the Health Unit will offer emergency medical assistance to the
victim and will administer an SAEC Kit for any victim who consents.
3 FAM 1714.2 Victims Covered by
the Departments Medical Program
(CT:PER-846; 06-06-2017)
At post, the Health Unit provides care following sexual
assault to participants in the Departments Medical Program. Per 16 FAM 315.1
and MED SOPs, medical evacuation travel will be arranged to the appropriate
medical evacuation location if needed medical care is not available at post or
if requested by the Medical Program participant.
3 FAM 1714.3 Sexual Assault
Evidence Collection Kit (SAEC Kit)
(CT:PER-846; 06-06-2017)
a. SAEC Kits are administered by FSMS to document the
facts and circumstances of a sexual assault and to collect physical,
biological, trace, and other evidence of a sexual assault that may be present
on a victims body or clothing. If post does not have a US direct hire FSMS
present, post should contact the Regional Medical Manager or MED in Washington,
DC and DS/DS/OSI for further guidance per 3 FAM 1712.3-1.
b. Regardless of any medical training, certification,
or license, DS personnel are not authorized to administer SAEC Kits without
authorization from DS/DO/OSI in consultation with the DOJ or L/M/DS.
c. SAEC Kits should be available in every post with a
FSMS assigned or present. SAEC Kits are funded by DS and shipped directly to
the post. FSMS and RSO should work together to ensure that at least three SAEC
Kits are available at every COM facility with an assigned FSMS. Posts should
contact DS/DO/OSI (via DSCC at 571-345-3146 or via email at DS-OSIDutyAgent@state.gov)
to obtain additional SAEC Kits.
d. The Department-provided SAEC Kit includes
step-by-step instructions and requires no specific training beyond the FSMSs
formal medical training to administer successfully. The SAEC Kit is
appropriate to be used for victims of all ages.
e. In addition to the steps within the SAEC Kit, the
FSMS may, when necessary and with the victims consent, collect blood and urine
samples from the victim. The collection and storage of blood and urine is
guided by MED SOP 3010. If blood or urine samples are collected for
investigative purposes, FSMS should notify DS/DO/OSI for guidance on
collection.
f. If the victim declines to notify RSO of the sexual
assault allegation but allows FSMS to conduct a SAEC Kit, the FSMS should:
(1) Record this information on a patient progress note
to be stored with restrictive access and non-personally identifiable (PII) MED
identification.
(2) Follow established MED procedures for labeling,
handling, storing, and shipping the completed SAEC Kit.
(3) Provide the victim with the necessary information
to contact DS/DO/OSI and MED if they decide to pursue an investigation of the
sexual assault allegations.
(4) Protect the identity of the victim. MED maintains
a procedure for the labeling, handling, shipping, and storage of the completed
SAEC Kit using non-PII, MED-assigned identification.
3 FAM 1715 GENERAL PROCEDURES FOR
CONDUCTING SEXUAL ASSAULT INVESTIGATIONS BY DS
3 FAM 1715.1 DS Investigations
(CT:PER-850; 06-20-2017)
a. DS prioritizes safety, dignity, and discretion in
its sexual assault investigations. This approach ensures the victim is aware of
the steps of the investigation and offers the victim the opportunity to
communicate freely with the investigator and a DS victim advocate. If, after
reporting the assault to DS, the victim formally declines to proceed further,
DS will respect the victims decision and generally not re-contact the victim
to ask the victim to reconsider his/her decision.
b. The DS investigation begins when any DS special
agent is notified or otherwise made aware of a sexual assault under 3 FAM 1711.3.
DS special agents must notify DS/DO/OSI immediately of these allegations. The
investigation will be led by DS/DO/OSI and will require the support of the RSO
located at post. Upon notification, DS/DO/OSI will provide immediate written
and oral instructions. In investigating allegations of sexual assault,
DS/DO/OSI has the authority to:
(1) Interview victims, witnesses, and suspects;
(2) Request the administration of a SAEC Kit;
(3) Conduct crime scene investigations as appropriate;
(4) Review relevant electronic records, Department
records, law enforcement databases, and other sources of information;
(5) Conduct other investigative steps as determined by
DS/DO/OSI;
(6) Consult with the DOJ; and
(7) Consult with, or if appropriate, refer
investigations to other law enforcement agencies.
3 FAM 1715.2 Specially Trained
Investigators
(CT:PER-846; 06-06-2017)
DS/DO/OSI maintains a cadre of DS special agents who are
specially trained and designated as sexual assault investigators. These
investigators have completed a training curriculum identified and approved by
the DS/DO/OSI Office Director. Sexual assault investigations will be led by a
designated DS/DO/OSI sexual assault investigator.
3 FAM 1715.3 RSO Guidance for
Handling of SAEC Kits
(CT:PER-850; 06-20-2017)
When provided with a completed SAEC Kit, RSO should
consult with DS/DO/OSI to ensure a property receipt (Form DS-1857) and a chain
of custody form (Form DS-1858) are completed correctly. The items should be
packaged in accordance with the guidelines found in 12 FAH-4 H-035.
The packaged items should be secured as evidence in a locked container that is
only accessible to RSO. The items should be stored securely until additional
guidance is provided by DS/DO/OSI.
3 FAM 1715.4 DS/DO/OSI Guidance
for Handling of SAEC Kits
(CT:PER-846; 06-06-2017)
It is the policy of DS/DO/OSI to maintain completed SAEC
Kits for a period of five years unless otherwise directed or approved by the
DOJ in the United States.
3 FAM 1715.5 DS Victims Resource
Advocacy Program (DS/ICI/VRAP)
(CT:PER-846; 06-06-2017)
DS maintains a victim advocacy program that is designed to
provide assistance and support for the victim including, but not limited to,
counseling referrals, assistance obtaining financial reimbursement for lost
property, relocation support, understanding of the judicial process, and
accompaniment to judicial proceedings.
VRAP can be contacted via telephone at 855-810-7878; via
email at vrap@state.gov or online at VRAP Web site.
3 FAM 1716 DEPARTURE FROM POST
(CT:PER-846; 06-06-2017)
a. A victim may request to immediately and/or
permanently depart their post of assignment or TDY in the aftermath of a sexual
assault. Such departures can take several forms.
(1) Medevac Per 16 FAM 315.1
and MED SOP 3010, medical evacuation travel will be arranged to the appropriate
medical evacuation location if needed medical care is not available at post or
if requested by the victim. Medevac orders will be written by the FSMS in the
usual fashion and the medical travel will be coordinated by MED.
(2) Meetings with DS/DO/OSI In an effort to support a
victim who reports a sexual assault to DS, DS/DO/OSI may arrange for the victim
to travel to Washington, D.C. as part of its investigation to meet with victim
advocates, criminal investigators, and other appropriate personnel.
(3) Curtailment Per 3 FAM 2443.1,
an employee assigned abroad may request curtailment of his or her tour of duty
for any reason. A curtailment is an assignment action, not a disciplinary
action. See 3
FAM 1712.2-2.b.
3 FAM 1717 THROUGH 1719 UNASSIGNED